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Lawyer seeks class status for robo-signing lawsuit against LPS

Lawyer seeks class status for robo-signing lawsuit against LPS


This is hardly the beginning. It’s just getting started.

CBS-

(AP)  LAS VEGAS — A lawyer in Las Vegas has filed a civil lawsuit seeking class-action status on behalf of homeowners he says have been hurt by the filing of fraudulent foreclosure documents during an alleged “robo-siging” scheme.

Matthew Callister said he wants a state judge to stop tainted home sales and evictions and order Lender Processing Services Inc. and several bank and mortgage companies to modify loans and pay monetary damages to affected homeowners.

“This is to say, ‘Stop. Let us try to modify the loan appropriately,'” Callister said. “Then we’ll seek damages.”

[CBS NEWS]

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Nevada AG says outsourcing claims by lender ‘groundless’

Nevada AG says outsourcing claims by lender ‘groundless’


Someone best remind LPS of what the Nevada Attorney General is capable of!

She has opened the doors for other great AG’s to follow her footsteps. We’re sure to see in the very near future.

LVRJ-

Nevada Attorney General Catherine Cortez Masto called allegations that her office improperly outsourced a foreclosure document robosigning investigation “groundless.”

The claim was made by Lender Processing Services Inc., the nation’s largest lender services company, after Masto filed a lawsuit on Friday claiming the company participated in a widespread fraud involving robosignings and other deceptive practices.

[LAS VEGAS REVIEW JOURNAL]

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Lender Processing Services drops on fraud charges

Lender Processing Services drops on fraud charges


Nevada attorney general accuses the company of document fraud and illegal fee-splitting. Shares are likely to continue to decline.

 
MSN-

The shares of Lender Processing Services (LPS +1.87%) came under fire Friday, dropping nearly 20% on unusually high volume after Nevada Attorney General Catherine Cortez Masto filed fraud charges against the company.

Although LPS, a billion-dollar company by market capitalization, has several business lines, the fraud charges relate to its largest (by revenue) default services division. Given the nature of the charges and the mound of evidence AG Masto cites in the complaint, Friday’s fall in share price is likely only the beginning.

In recent years, LPS’s default servicing division has come under fire for two practices central to the attorney general’s charges: document fraud and illegal fee-splitting. Both types of claims go right to the heart of LPS’s business model.

[MSN MONEY]

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LPS Responds to Allegations from Nevada Attorney General

LPS Responds to Allegations from Nevada Attorney General


How dare they call AG Masto’s allegations false!

They will not survive this time around as the complaint is pretty much bulletproof.

PRNEWS-

Unfortunately, the company’s efforts to engage in meaningful discussions with the Nevada Attorney General’s office have been frustrated by the Nevada Attorney General’s decision to outsource its investigation to Cohen Milstein Sellers & Toll PLLC, a plaintiff’s law firm located in Washington, D.C., in apparent violation of Nevada law.  The complaint highlights misconceptions about LPS and seeks to sensationalize a variety of false allegations in a misleading manner. 

[PRNEWSWIRE]

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Critics: Bondi lax in pursuing big mortgage lenders amid continuing foreclosure crisis

Critics: Bondi lax in pursuing big mortgage lenders amid continuing foreclosure crisis


Lax is a major understatement given the Atomic Bomb Nevada AG just dropped… on an Organization Bondi claims is investigating, with headquarters in Florida!

Orlando Sentinel-

As attorneys general in other foreclosure-battered states step up their investigations into fraudulent mortgage practices by large U.S. banks, some Florida groups are accusing state Attorney General Pam Bondi of being soft on the giant lenders.

Florida’s Democratic state senators recently released a video that targets Bondi, a Republican elected to a nonpartisan office. Titled “Ignoring the Florida Foreclosure Crisis,” the video contrasts new fraud investigations launched by California Attorney General Kamala Harris with controversial forced resignations of two key mortgage-fraud investigators in Bondi’s Fort Lauderdale office.

[ORLANDO SENTINEL]

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NV AG Masto Strikes Again, Likely Slaying Lender Processing Services

NV AG Masto Strikes Again, Likely Slaying Lender Processing Services


RiiiiiiiiCCCCooooLLLLLaaaaaaaa!

Where does this leave an old post from last May via a former employee that alleged LPS Used TARP Funds to Cover-Up Assignment of Mortgage conflicts? If in fact, this comes to be true?

Abigail Field-

Document fraud infects many if not most foreclosures across the country, and Lender Processing Services (LPS) is a major reason why. As a result, many are celebrating Nevada Attorney General Catherine Cortez Masto’s civil fraud suit against the company. Her suit details, based on numerous witnesses’ testimony, documents, and other evidence, how LPS’s business model was deceptive and fraudulent.

LPS organized its workforce to churn out documents that were replete with lies, improperly directed foreclosure and bankruptcy attorneys, misrepresented its fees, and made numerous misleading statements to investors. Frankly, it’s hard to see how LPS survives this suit and the shareholder and other cases that are sure to follow.

The suit’s tremendous clarity and detail raise several questions beyond “when will LPS declare bankruptcy?”

[REALITY CHECK]

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COMPLAINT | STATE OF NEVADA vs. LENDER PROCESSING SERVICES INC., FIS, DOCX

COMPLAINT | STATE OF NEVADA vs. LENDER PROCESSING SERVICES INC., FIS, DOCX


STATE OF NEVADA

Plaintiff

vs.

LENDER PROCESSING SERVICES INC.;

FIDELITY NATIONAL IINFORMATION SERVICES INC.;

LPS DEFAULT SOLUTIONS INC.;

DOCX, LLC; DOES 1-XX,

Defendants

EXCERPTS:

5. Following the exposure of deceptive document execution practices at DOCX

[…]

15 Georgia, LPS then misrepresented that it had processes and internal controls in place at the LPS
16 Default Solutions office in Minnesota to ensure that affidavits were signed properly and in
17 accordance with industry standard. LPS senior executives expressly contradicted these
18 representations in sworn court testimony.

[ipaper docId=75880962 access_key=key-cu3armxuntttgvwheh1 height=600 width=600 /]

 

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Nevada AG officially sues LPS for allegedly falsifying foreclosure documents, consumer fraud

Nevada AG officially sues LPS for allegedly falsifying foreclosure documents, consumer fraud


FOR IMMEDIATE RELEASE Contact: Jennifer López
DATE: December 16, 2011 702-486-3782

NEVADA ATTORNEY GENERAL SUES LENDER PROCESSING
SERVICES FOR CONSUMER FRAUD

Carson City, NV – Attorney General Catherine Cortez Masto announced today a lawsuit against Lender Processing Services, Inc., DOCX, LLC, LPS Default Solutions,
Inc. and other subsidiaries of LPS (collectively known “LPS”) for engaging in deceptive practices against Nevada consumers.

The lawsuit, filed on December 15, 2011, in the 8th Judicial District of Nevada, follows an extensive investigation into LPS’ default servicing of residential mortgages in
Nevada, specifically loans in foreclosure. The lawsuit includes allegations of widespread document execution fraud, deceptive statements made by LPS about
efforts to correct document fraud, improper control over foreclosure attorneys and the foreclosure process, misrepresentations about LPS’ fees and services, and evidence of an overall press for speed and volume that prevented the necessary and proper focus on accuracy and integrity in the foreclosure process.

“The robo-signing crisis in Nevada has been fueled by two main problems: chaos and
speed,” said Attorney General Masto. “We will protect the integrity of the foreclosure
process. This lawsuit is the next, logical step in holding the key players in the
foreclosure fraud crisis accountable.”

The lawsuit alleges that LPS:

1) Engaged in a pattern and practice of falsifying, forging and/or fraudulently executing foreclosure related documents, resulting in countless foreclosures that were predicated upon deficient documentation;

2) Required employees to execute and/or notarize up to 4,000 foreclosure related documents every day;

3) Fraudulently notarized documents without ensuring that the notary did so in the presence of the person signing the document;

4) Implemented a widespread scheme to forge signatures on key documents, to ensure that volume and speed quotas were met;

5) Concealed the scope and severity of the document execution fraud by misrepresenting that the problems were limited to clerical errors;

6) Improperly directed and/or controlled the work of foreclosure attorneys by imposing inappropriate and arbitrary deadlines that forced attorneys to churn through foreclosures at a rate that sacrificed accuracy for speed;

7) Improperly obstructed communication between foreclosure attorneys and their clients; and

8 ) Demanded a kickback/referral fee from foreclosure firms for each case referred to the firm by LPS and allowed this fee to be misrepresented as “attorney’s fees” on invoices passed on to Nevada consumers and/or submitted to Nevada courts.

LPS’ misconduct was confirmed through testimony of former employees, interviews of servicers and other industry players, and extensive review of more than 1 million pages of relevant documents. Former employees and industry players describe LPS as an assembly-line sweatshop, churning out documents and foreclosures as fast as new
requests came in and punishing network attorneys who failed to keep up the pace.

LPS is the nation’s largest provider of default mortgage services, processing more than fifty percent of all foreclosures annually.

The Office of the Nevada Attorney General recently indicted Gary Trafford and Gerri Sheppard as part of a separate, criminal investigation into the conduct of robo-signing
scheme which resulted in the filing of tens of thousands of fraudulent documents with the Clark County Recorder’s Office between 2005 and 2008.

Nevada homeowners who are in foreclosure or are facing foreclosure are advised to seek assistance as soon as possible. Homeowners can find information for a counseling
agency approved by the U.S. Department of Housing and Urban Development (HUD) by calling 800-569-4287 or by visiting http://1.usa.gov/NVCounselingAgencies.

Additional information on foreclosure resources can be found at www.foreclosurehelp.nv.gov.

Anyone who has information regarding this case should contact the Attorney General’s Office hotline at 702-486-3132 (when promoted select “0”) to obtain information on how to submit a written complain. Nevada consumers can file a complaint with the Nevada Attorney General’s Office about LPS by sending a letter with copies of any supporting documentation to the Nevada Office of the Attorney General, Bureau of Consumer Protection: 555 E. Washington Ave Suite 3900, Las Vegas, Nevada 89101

Read the complaint by visiting: http://bit.ly/LPScomplaint
###

[ipaper docId=75880204 access_key=key-2cvrlk1jd7n4d4dbdvk0 height=600 width=600 /]

 

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Robo-Signers Please Stand Up! NV AG Office Encourage YOU to Call and File a Complaint NOW!

Robo-Signers Please Stand Up! NV AG Office Encourage YOU to Call and File a Complaint NOW!


This is your chance before your bosses throw you under the bus! Most of us understand you were told what to do and how to do it. Your bosses may have said you had a special “surrogate license” to sign away other co-workers names… but?

This isn’t limited to just Nevada.

Do yourself a favor and if you’re part of this epidemic file a complaint.

 

8NewsNow-

One of two accused home loan robo-signers faced a judge for the first time Wednesday. Former loan title officer Gerri Shepperd pleaded not guilty to more than 600 counts of fraud.

The Nevada Attorney General’s Office charged Shepperd with paying notaries to forge signatures on home loans to speed up the foreclosure process. The AG says this fraud affects tens of thousands of Nevada home loans.

[8NEWSNOW]

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Nevada Grand Jury transcripts in Foreclosure Fraud case released – Trafford Sheppard GJ Trascript Day 2

Nevada Grand Jury transcripts in Foreclosure Fraud case released – Trafford Sheppard GJ Trascript Day 2


PART 1: Nevada Grand Jury transcripts in Foreclosure Fraud case released – Trafford Sheppard GJ Trascript Day 1

[ipaper docId=75168853 access_key=key-10z2446gt940bdmyf545 height=600 width=600 /]

 

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Nevada Grand Jury transcripts in Foreclosure Fraud case released – Trafford Sheppard GJ Trascript Day 1

Nevada Grand Jury transcripts in Foreclosure Fraud case released – Trafford Sheppard GJ Trascript Day 1


Isn’t this what LPS’s DOCx called:

Surrogate signers” signing countless foreclosure documents – with someone else’ name?

 

Many thanks to MYNEWS3 for these.

Begin on page 17:

Excerpt pg 22:

Through the course of this investigation, I’ve learned that the name has been changed a number of times. Chicago Title being one of the names that was used. LPS, Lender Processing Services. LPS, Default Title & Closing, LSI Title, Fidelity National Default. It’s a variety of names.

[ipaper docId=75147180 access_key=key-w5z9m98z00epdany7sc height=600 width=600 /]

 

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3 Nevada notaries named in foreclosure fraud case

3 Nevada notaries named in foreclosure fraud case


All one has to do is read the following deposition below to understand how well orchestrated this enterprise was. Why no R.I.C.O.?

Deposition Transcript of DOCx, LPS CHERYL DENISE THOMAS

MercuryNews-

Nevada state prosecutors are accusing three more Nevada notaries of falsely attesting to signatures on foreclosure documents filed in a broad mortgage fraud scheme.

Attorney General Catherine Cortez Masto announced Monday that Meghan Shaw, Jennifer Lowe and Joseph Noel were each charged with one charge of notarizing a signature of a person not in their presence. Court records filed last Wednesday refer to Lowe as Jennifer Bloecker.

[ MERCURY NEWS]

Excerpts:

Beginning Pg. 33

that’s when they — well, upon us leaving
anyway, they took up our notary stamps and
everything and destroyed them. But I was
relieved of my duties once moved to
Gwinnett County.

Q. Who — who — I’m sorry, did I miss
that? Who destroyed those documents?

A. I can’t say exactly who destroyed
them. All I know is that Jeffrey
the supervisor in the signing room at that
times, he picked up everyone’s stamp, the
notaries’ stamps.

Q. He took your stamps?

A. He took our stamps. And — and
they were destroying them.

Q. How were they destroying them?

A. I don’t know how. He just said
they were picking up all the stamps, all
of the notary stamps. And they were going
to destroy them, because the company was
closing. And they were only suppose to be
used for that company.

Continue below…

[ipaper docId=51885547 access_key=key-2omhtmjy5z5l5nazqt36 height=600 width=600 /]

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How debt collectors pursue family members of deceased debtors

How debt collectors pursue family members of deceased debtors


I hope someone gets an investigation going quickly!

WSJ-

After Linda Long’s husband died of colon cancer last year, the phone calls poured in.

The 68-year-old retired office worker says she got as many as 10 calls a day from a debt-collection firm asking for $16,651.52 that her husband, Millard, had racked up on a Bank of America Corp. credit card.

An employee at West Asset Management in Omaha, Neb., explained that she wasn’t legally obliged to pay, according to a recording of the November call reviewed by The Wall Street Journal. Then he veered into a discussion about how she could “get this taken off your plate.”

Mrs. …

[WALL STREET JOURNAL]

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Witness in LPS foreclosure case an apparent suicide

Witness in LPS foreclosure case an apparent suicide


* Empty medicine bottles found near body-sources

* No suicide note found

* No sign of foul play-Las Vegas police

By Scot J. Paltrow

Nov 30 (Reuters) – A key witness in a Nevada criminal foreclosure fraud case who was found dead on Monday apparently committed suicide, individuals close to the investigation of her death said.

Reuters reported on Tuesday that police had found the body of Tracy Lawrence, a notary, in her Las Vegas apartment shortly after she failed to appear in court for sentencing on a misdemeanor count related to the case.

[REUTERS]

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BREAKING NEWS: Notary “Tracy Lawrence” who blew whistle on foreclosure fraud found dead

BREAKING NEWS: Notary “Tracy Lawrence” who blew whistle on foreclosure fraud found dead


For those who are just following: Lawrence was the whistleblower who turned in LPS’ employees to Nevada AG Masto that led to indictments of robo-signing.

 

LAS VEGAS (KSNV MyNews3) —

The notary who signed tens of thousands of false documents in a massive robo-signing scandal case was found dead in her home on Monday.

The notary, 43-year-old Tracy Lawrence, was supposed to be in court at 8:30 Monday morning for her sentencing hearing. When her attorney did not hear from her for more than an hour, Sr. Deputy Attorney General Robert Giunta asked for a bench warrant to be issued for Lawrence. The judge denied the request.

Metro Homicide Detectives are working currently the case. It is unclear if her death was due to natural causes, or if it was a suicide or homicide. Last Monday, Lawrence pled guilty to only one criminal charge of notary fraud.

[KSNV MyNews3]

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GUEST POST | “Affidavits Do Tell Dead Tales” Portfolio’s Martha Kunkle

GUEST POST | “Affidavits Do Tell Dead Tales” Portfolio’s Martha Kunkle


Dear folks:

I would review a case that has surfaced in Montana Federal District Court (Great Falls Div),  Cole v. Portfolio Recovery Associates”, docket no CV-08-036-GF.   This is a case here the debt collector/debt buyer “Portfolio” filed suit against Cole on a credit card debt, and inserted an “Affidavit” of one Martha Kunkle in a Motion for Summary Judgment in an effort to steamroll the Case to Judgment.  The Affidavit was dated May 24, 2007.

Unfortunately for both the debt collector [Portfolio] AND their collection attorneys, Cole did some checking, found other examples of the signature, and Motioned the State Court that the affidavit was dubious.  The State Court Judge ORDERED that Portfolio produce Kunkle, whose signature was notarized in Texas [see attached pdf], to appear in Montana for deposition.  Kunkle never showed up.  Turns out Martha Kunkle was dead, having died 12 years earlier, in 1995.  (Sanctions are pending in the State Court case).

Cole by counsel filed a FDCPA suit in USDC [above cite], in which Portfolio in essence denied they were bad boys, and as an affirmative defense claimed that Cole had not done act to “mitigate her damages.”  How a consumer mitigates damages when confronted with the Affidavit of a dead person is not explained.

In the USDC Final Order and Judgment, a class-action settlement was approved by the Court roughly $178,000 was paid to identified members of the Classes [3 classes of claimants] and $212,500 in attorneys’ fees, costs and expenses.

An expensive affidavit of a dead person.

While these are not directly “mortgage debt” controversies, the affidavit was furnished by agents of our friends at WASHINGTON MUTUAL BANK, from which the moral:  do not assume any signature of any “affidavit” [or anything else].  the affiant may well have been dead for over a decade!

Jan van Eck

[ipaper docId=48646502 access_key=key-1tk158nr94txc0rfc4t3 height=600 width=600 /]

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WSJ: Woman Who Died In 1995 Robo-Signed Affidavits Until 2008

WSJ: Woman Who Died In 1995 Robo-Signed Affidavits Until 2008


Dead Soul Is a Debt Collector

Deceased Woman’s Name Was Robo-Signed on Thousands of Affidavits

Martha Kunkle has come back to life.

She died in 1995. Yet her signature later appeared on thousands of affidavits submitted by one of the nation’s largest debt collectors, Portfolio Recovery Associates Inc., in lawsuits filed against borrowers.

Some regulators complain that the use of Ms. Kunkle’s name reflects an epidemic of mass-produced, sloppy and inaccurate documentation in the debt-collection industry. Lawsuits have surged as more borrowers fall behind on payments and collection firms turn to courts to get what they are owed.

After being sued for fraud, Portfolio Recovery Associates decided in early 2008 that any documents bearing Ms. Kunkle’s name had “defects” and shouldn’t be used when trying to collect debts, a company spokeswoman said.

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